Appellate Division: Second Judicial Department

M95454

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2007-05786 The People, etc., respondent, v Michael Delgado, appellant. (Ind. No. 129/05)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the judgment roll to include the minutes of his first trial to aid in the preparation of a supplemental brief on an appeal from a judgment of the Supreme Court, Richmond County, rendered June 13, 2007. Separate motion by the appellant pro se to enlarge the time to serve and file the supplemental pro se brief.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motions are granted; and it is further,

ORDERED that the decision and order on motion of this court dated October 11, 2007, which granted poor person relief to the appellant is amended to include a direction to the court reporter to make, certify and file two transcripts of the stenographic minutes of the appellant's first trial, if they are available, except for those minutes previously transcribed and certified; and it is further,

ORDERED that the stenographer is directed to make, certify and file such minutes within 45 days of the date of this decision and order on motion, and the Clerk of the trial court is directed to furnish one copy to the Clerk of this court, without charge; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order on motion on the Clerk of the court from which the appeal is taken; and it is further,

ORDERED that the Clerk of this court, or his designee, shall deliver the transcript of the above-referenced minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed; the appellant shall return the transcript to this court when he files the supplemental brief or informs this court that no supplemental brief will be filed.

RIVERA, J.P., MILLER, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043